Align Technology Announces Favorable Ruling in Patent Infringement Suit With Ormco Corporation, a Division of Sybron Dental.Align Technology, Inc. , the inventor of Invisalign(R), a proprietary method of straightening teeth without wires and brackets, announced today the favorable outcome of the patent litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.When a person begins a civil lawsuit, the person enters into a process called litigation. suit filed by Ormco Corporation, a division of Sybron Dental Specialties, Inc. . The United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. for the Central District, Southern Division, granted Align's motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers of non-infringement in the patent infringement case brought against Align by Ormco Corporation in January 2003. Accordingly, Align has been found not to infringe Ormco's Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444. Align is represented by intellectual property specialty firm, Townsend and Townsend and Crew Townsend and Townsend and Crew LLP was established in 1860, and is an intellectual property law firm with more than 170 attorneys. The firm provides legal services and also advises clients with regard to antitrust and business disputes. LLP. "We are very pleased with the Court's ruling which vindicates our position that we do not infringe any of Ormco's patents. We will continue to vigorously assert our rights and defend our intellectual property," said Thomas M. Prescott, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Align Technology, Inc. "With this favorable ruling, we can continue to focus on providing the best quality product to our customers and returning excellent shareholder value." About Align Technology, Inc. Align Technology designs, manufactures and markets Invisalign, a proprietary method for treating malocclusion Malocclusion Definition Malocclusion is a problem in the way the upper and lower teeth fit together in biting or chewing. The word malocclusion literally means "bad bite. , or the misalignment mis·a·ligned adj. Incorrectly aligned. mis  a·lign ment n. of
teeth. Invisalign corrects malocclusion using a series of clear, nearly
invisible, removable appliances that gently move teeth to a desired
final position. Because it does not rely on the use of metal or ceramic
brackets and wires, Invisalign significantly reduces the aesthetic and
other limitations associated with braces. Invisalign is appropriate for
treating adults and older teens. Align Technology was founded in March
1997 and received FDA clearance to market Invisalign in 1998.
To learn more about Invisalign or to find a certified Invisalign doctor in your area, please visit http://www.invisalign.com/ or call 1-800-INVISIBLE. Forward-Looking Statements This news release contains forward-looking statements, including statements regarding Align's belief that the summary judgment will enable it to continue to focus on delivering quality product to its customers and returning excellent shareholder value and Align's intention to continue to defend its intellectual property. In addition, there is no assurance that the court's decision will not be overturned on appeal. Forward-looking statements contained in this news release relating to expectations about future events or results are based upon information available to Align as of the date hereof. Readers are cautioned that these forward-looking statements are only predictions and are subject to risks, uncertainties and assumptions that are difficult to predict. As a result, actual results may differ materially and adversely from those expressed in any forward-looking statement. Factors that might cause such a difference include, but are not limited to, risks relating to Align's ability to protect its intellectual property rights and potential intellectual property or product liability claims or litigation. These and other risks are detailed from time to time in Align's periodic reports filed with the Securities and Exchange Commission, including, but not limited to, its Annual Report on Form 10-K for the fiscal year ended December 31, 2003, which was filed with the Securities and Exchange Commission on March 9, 2004, and its Quarterly Reports on Form 10-Q. Align undertakes no obligation to revise or update publicly any forward-looking statements for any reason. Investor Relations Contact: Press Contact: Barbara Domingo Shannon Henderson Align Technology, Inc. Ethos Communications, Inc. 408-470-1204 678-417-1767 bdomingo@aligntech.com shannon@ethoscommunication.com CONTACT: investors, Barbara Domingo of Align Technology, Inc., +1-408-470-1204, or bdomingo@aligntech.com; or press, Shannon Henderson of Ethos Communications, Inc., +1-678-417-1767, or shannon@ethoscommunication.com, for Align Technology, Inc. Web site: http://www.invisalign.com/ |
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